PAGE WHEEL TERMS OF SERVICE AGREEMENT

LAST REVISION: 2.26.24

So glad you are here! This page is our legal mumbo jumbo. We strive to simplify our terms into “human speak” but know that all of the terms (including the white sections) on this page are legally binding.

BY USING THIS WEBSITE, being a subscriber to this website, creating products OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY.

This Terms of Service Agreement (the “Agreement”) governs your (the “User”) use of this website, Pagewheel as well as PlannerPack.co and it’s brand subsidiaries.  Pagewheel (formerly under the brand Bizzy.ai) is owned by 1CH LLC.  It offers product and website creation as software as a service. This Agreement governs your access and use of all 1CH, LLC’s products and programs including any content, functionality, delivery mechanisms, and additional services provided through the Pagewheel Membership Portal.  All use should be considered used as-is.

We will make changes as we grow, and you accept or agree to those changes. If you ever don’t agree there is no cancellation fee, you can cancel at any time.

Pagewheel, through 1CH, LLC, reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. Pagewheel will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the product creator and Website following the posting of any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. We also reserve the right to cancel your account at any time.

Pagewheel encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Pagewheel or 1CH, LLC for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website.

Pagewheel also reserves the right to change, discontinue or edit any feature, content, availability, product or service provided at any time, without notice to you as the user.  We also reserve the right to impose new conditions as needed, including but not limited to increasing fees.  If fees increase we will email notification with 14 days notice.  Your failure to cancel at that time is seen as an acceptance by the User of all changes.

SUBSCRIPTION TERMS

We will bill you monthly or annually, depending on what option you select. You will continue to be billed until you cancel your service with us. Your next payment will be determined by your sign-up date. You can download your invoice, change your subscription plan and/or cancel at any time, all from inside the portal.

You decide your payment plan. Currently, we offer Starter Plans, Business Plans, and Enterprise Plans. Each of them is billed monthly or annually. You can change your subscription plan at any time inside the admin section of your Pagewheel Profile inside the portal. You are also able to email us and request cancellation at hello@pagewheel.com. The starter and single business level plans (and if we have a free version) of Pagewheel are considered single-use, for you to use to sell to the customers you serve. If you are an agency and you are creating products and websites for businesses to sell to their clients the starter and single-business level plans are not for you, you will need our Enterprise level account.  The product websites (offer pages, delivery pages, and tech integrations) that are created in the starter and single business level plans are intended for the user who purchased and is not transferable for another business to sell, those businesses will need their own Pagewheel account.  Products created are intended for only the business that has signed up as the user.  At the Enterprise Business level, you may re-sell products and websites to other businesses who can then sell to their clients and customers.  Note: Whenever your payments to us end, the use of the websites, use of the content, copy, and all technical integrations are terminated instantly.

We are assuming that if you are in a business account you are authorized to make decisions on behalf of your company, business, and any companies that you are creating products, programs, and websites for.  If you are not authorized to enter into agreements on behalf of those businesses and companies, do not use this website.

At the time of our beta promotion, we have a founder price level – that is equivalent to whatever the highest tier of our programs are and you have that rate “locked in” until ownership of Pagewheel changes.

DATA USE

The next section describes how we will send you marketing emails and content, you can unsubscribe if you want to. It also covers how we will/will not use the data you provide to us.

By being a User of this platform, you are agreeing to being included in our emails and marketing, and re-marketing efforts both for ourselves and for any program partners.  This includes but is not limited to SMS messaging, ads on Meta, Google, Pinterest, TikTok, email marketing, etc.

Customer Solicitation: Unless you notify Pagewheel or 1CH, LLC, of your desire to opt-out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and solicitations from Pagewheel and its contracted marketing team(s).  At this time we are not sharing your data with companies who are not affiliated with Pagewheel. Should that change we will update these terms. Know that keeping your data secure is a huge priority to us.

Opt-Out Procedure: We provide 3 easy ways to opt out of future solicitations.
1. You may use the opt-out link found in any email solicitation that you may receive.
2. You may also choose to opt-out, via sending your request and email address to: theonecrazyhouse@gmail.com. 
3. You may send a written remove request to 4248 Little Bend Ct, Fort Worth, Texas 76244

Using your data for marketing purposes: We reserve the right to share your story, stats or experience with other users and in our marketing materials.

PRIVACY

Pagewheel believes strongly in protecting user privacy and providing you with notice of Pagewheel’s use of data. Please refer to the Pagewheel privacy policy, incorporated by reference herein, that is posted on the Website.

We will not sell your data to a third party, that includes giving the data or content that you create to an outside AI tool (e.g. Open.ai or another AI LLM engines we use will not be given any of your data or content edits that you make to the data). We track content edits that users make internally to train our internal AI model and make the product better for you and other users. Any time you request the removal of all of your data from our system it will be fully and completely removed.  We host our servers on the cloud.  In the event of a known data breach, we will inform you of the event over email. 

We do not keep any payment information on our systems or servers.

The next section describes how we share responsibility over the content created. We own all of the templates and designs. AI creates the content. But YOU are responsible for the content being accurate.

INTELLECTUAL PROPERTY

The templates that we are providing for you, not limited to but include the Pagewheel portal, its website, page contents, images, icons, logos, features, page sections, data, and functionality services are the property of Pagewheel & 1CH, LLC or its licensors and/or contractors and are protected by copyright, trademark and other intellectual property laws, except as indicated below. Content, Logos, and trademarks are not able to be used without permission by Pagewheel and 1CH, LLC.  Pagewheel Content protections do not include any edits or user adaptations and/or Contribution(s) made by you as the product user.

All documents, related graphics, copy, and text are provided to you “as is” without any warranty of any kind.  The documents, graphics, and text will include technical, typographical, and grammar errors – when we catch them we will make edits to improve the content and products, but in no event will be held liable for any damages in connection with the use of the Pagewheel portal or any products and programs from 1CH, LLC.  This includes any damages resulting from the loss of use, data, or profits whether in an action of contract, negligence or other actions by Pagewheel and 1CH, LLC.

The Copyright Office guidance states that works containing AI-generated content are not copyrightable without evidence that a human author contributed creatively. You are responsible to edit and verify the content you are publishing on the Pagewheel platform.

Copy created as a part of Pagewheel is created in-part with AI tools, using any one of the following AI integrations (Open.ai, Claude.ai, Bard, and/or Falcon.ai). In the editing of any pages, in the creation of the website and marketing assets, you represent and warrant that you own the rights, use, and ability to distribute any edits or images, that you have contributed.  As such, you assume legal responsibility for the authenticity of the final product that is created in the digital products, websites, and promotional assets.  We reserve the right to distribute the content generated to other users in addition to yourself (but we are not redistributing any edits that you make to that copy). You as the user will need to verify the accuracy of the products created including downloadables, website pages, social copy and more.  We aren’t held responsible for the AI results given OR the edits you make in the content.  The template designs and layouts are protected by copyrights. However, as the copy created is made with AI, it is not copyrightable unless it is edited significantly.

NOTE:  A third-party website may feature our logos or trademarks, with or without authorization. Our logos or trademarks featured in any third-party website do not constitute or imply any approval, sponsorship, or endorsement of that brand or business by Pagewheel and 1CH, LLC.

If you believe that any content on the Platform violates your intellectual property rights, please notify Pagewheel and 1CH, LLC.

Pagewheel and 1CH, LLC, does not endorse any included links to third-party websites nor are they responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites inside your product or website that you created using the Pagewheel software portal, you do so at your own risk. 

Use of Website; Pagewheel is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell material on the Website, (4) not engage, directly or indirectly, in the transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website

Posting. By posting, storing, or transmitting any content on the Website, you hereby grant Pagewheel a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. Pagewheel cannot control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. Pagewheel is not liable for any damage or harm resulting from any posts by or interactions between users. Pagewheel reserves the right but has no obligation, to monitor interactions between and among users of the Website and to remove any content Pagewheel deems objectionable, in Pagewheel’s sole discretion. 

DISCLAIMER OF WARRANTIES

You have the right to cancel your services at any time. You can ask for refunds at any time, for any reason, and we will give you a refund of the last 30 days worth of payments. Refunds can take up to 14 days to post to your account but usually take under 72 hours.

You can request cancellation by logging into the portal and using your profile/account access. To request a refund please email us: hello@pagewheel.com.

YOUR USE OF THIS WEBSITE AND/OR PRODUCTS ARE AT YOUR SOLE RISK. THE WEBSITE AND PRODUCTS ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Pagewheel EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE PRODUCTS OR WEBSITE CONTENT, OR ANY RELIANCE UPON OR USE OF THE WEBSITE CONTENT OR PRODUCTS. (“PRODUCTS” INCLUDE TRIAL PRODUCTS.)

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Pagewheel MAKES NO WARRANTY:

THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.

THAT THE LINKS TO THIRD-PARTY WEBSITES ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. 

AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR THAT DEFECTS IN PRODUCTS WILL BE CORRECTED. 

REGARDING ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THE WEBSITE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

Pagewheel ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO THE WEBSITE CONTENT AND PRODUCTS AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID, LESS SHIPPING AND HANDLING, FOR PRODUCTS PURCHASED VIA THE WEBSITE.

Pagewheel WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE WEBSITE CONTENT OR PRODUCTS; (2) THE COST OF PROCURING SUBSTITUTE PRODUCTS OR CONTENT; (3) ANY PRODUCTS PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; OR (4) ANY LOST PROFITS YOU ALLEGE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNIFICATION

You will release, indemnify, defend and hold harmless Pagewheel, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Products or your use of the Products (including Trial Products); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to Pagewheel. When Pagewheel is threatened with suit or sued by a third party, Pagewheel may seek written assurances from you concerning your promise to indemnify Pagewheely; your failure to provide such assurances may be considered by Pagewheel to be a material breach of this Agreement. Pagewheel will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of Pagewheel’s choice at its expense. Pagewheel will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend Pagewheel against any claim, but you must receive Pagewheel’s prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.

AGREEMENT TO BE BOUND

By using this Website or creating/ordering Products, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website. 

GENERAL

Force Majeure. Pagewheel will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.

Cessation of Operation. Pagewheel may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.

Entire Agreement. This Agreement comprises the entire agreement between you and Pagewheel and supersedes any prior agreements pertaining to the subject matter contained herein.

Effect of Waiver. The failure of Pagewheel to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

Governing Law; Jurisdiction. This Website originates from Fort Worth, Texas. This Agreement will be governed by the laws of the State of Texas without regard to its conflict of law principles to the contrary. Neither you nor Pagewheel will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in the State of Texas. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.

Statute of Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Waiver of Class Action Rights. By agreeing to this Agreement, both parties consent to resolve all disputes arising from or related to this Agreement exclusively through arbitration in Fort Worth, Texas, under the arbitration service chosen at that time by Pagewheel and 1CH LLC. This includes any issues regarding the agreement’s validity, interpretation, or enforcement. Arbitrations must be individual, waiving any rights to class or representative actions unless prohibited by law. This clause is governed by Tarrant County, Texas law and the Federal Arbitration Act, ensuring confidentiality and enforceability. Should any part of this clause be deemed unenforceable, the rest remains valid.

Termination. Pagewheel reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and Pagewheel may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, Pagewheel reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until Pagewheel chooses, in its sole discretion and without advance to you, to terminate it.

Domestic Use. Pagewheel makes no representation that the Website or Products are appropriate or available for use in locations outside the United States. Users who access the Website from outside the United States do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.

Assignment. You may not assign your rights and obligations under this Agreement to anyone. Pagewheel may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.

BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE 

TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.